4.2 PCSR 08-23-2016 DRAFT MIN Item 4.2
City 4: ' ..,of
Elk. „, ,, Meeting of the Elk River Planning Commission
Ri ver Held at the Elk River City Hall
Tuesday,July 26, 2016
Members Present: Chair Eric Johnson,Commissioners Alexander Feinstein,Mark Konietzko,
Jill Larson-Vito,Mike Nicholas and Brad Thiel
Members Absent: Commissioner Crook
Staff Present: Planning Manager Zack Carlton,Planner BrieAnna Simon and Sr.
Administrative Assistant Debbie Huebner
Also Present: Councilmember Burandt,Council Liaison
I. Call Meeting to Order
Pursuant to due call and notice thereof,the meeting of the Elk River Planning Commission
was called to order at 6:38 p.m. by Chair Eric Johnson.
2. Consider July 26, 2016, Planning Commission Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
approve the July 26,2016, Planning Commission agenda. Motion carried 6-0.
3.1 Consider June 28, 2016, Planning Commission Minutes
Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to
approve the June 26,2016, Planning Commission minutes. Motion carried 6-0.
4.I Paxmar(RP3 LLP)—Outlots A & C, River Park, and Outlot A River Park
Second Addition
• Preliminary Plat— River Park Fourth Addition, Case No. P 16-1 I
The staff report was presented by Zack Carlton. Staff recommended approval of the
preliminary plat with the conditions as stated in the staff report to the Commission.
Chair Johnson opened the public hearing.
Jesse Paulson,10034 191st Avenue NW—discussed his concerns with speeding vehicles,
safety of children crossing 191”Avenue for school,and having only one access to the area.
He estimated that there are 120 vehicles that picking dropping off and picking up children
from school and discussed the congestion this causes.
Don Jensen, Paxmar—distributed a letter,explaining why he felt it was not feasible to
build the road connection to Twin Lakes Parkway at this time. He explained that he has
Planning Commission Minutes Page 2
July 26,2016
several local builders interested in the 17 lots to the south of the power line easement for
upper end home sites. He asked that he be allowed to final plat those lots. He explained that
being able to offer products at different price points is critical to the success of the whole
development. Mr.Jensen stated that more engineering and planning is needed to determine
the proper road connection location before any paving could occur. He stated that
prohibiting the development of the 17 lots to the south would put the project on hold for
two years.
Mr.Jensen also discussed staff's recommendation to lower the power poles. He stated that
the poles cannot be lowered but they could be modified 1-2 feet at the base.
There being no further public comments,Chair Johnson closed the public hearing.
Commissioner Konietzko asked for clarification on the access point issues. Mr. Carlton
explained. Commissioner Konietzko asked what the negative impacts would be for the
developer if the platting of the lots to the south is not allowed. Mr. Carlton explained that
the developer's concerns are costs and delays. Mr. Carlton noted that the Planning
Commission can act on the preliminary plat, and the Council will take action on the final plat
regarding the lots in question.
Commissioner Larson-Vito asked if public safety had concerns with only one access. Mr.
Carlton stated that it is not ideal,but the Council has approved similar situations in the past
on a temporary basis. Commissioner Larson-Vito stated she was concerned that if the road
became blocked somehow, there would be no way for emergency vehicles to get through.
Chair Johnson asked what the estimated time might be for the road connection . Mr.
Carlton stated that there is a lot of discussion that needs to take place first and permits
would need to be secured.
Mr.Jensen stated that they would need to have success in building homes before they would
know if it would be cost effective to build the road connection. He estimated that it would
take one year of planning for the road connection and another year to build it.
Mr. Carlton asked the applicant at what point would the connection with Twin Lakes Road
be prudent. Mr.Jensen stated that he could not give a firm date and that would depend on
the success of the lot sales. Chair Johnson stated that he sees the need for that connection,
and also understands the developer's position. Chair Johnson stated that he felt the road
connection should be in place before allowing 60-80 homes to the south to be built. He
stated he could see allowing some homes to the south. Mr.Jensen stated that allowing some
development to the south would put the road connection timing further ahead.
Discussion followed regarding the need for the road connections and options for allowing
some homes to the south. Mr. Carlton suggested that building permits would not be released
until a developer's agreement requiring the 190th Avenue connection was in place. Further
discussion followed regarding the developer's plans for completing future phases.
Planning Commission Minutes Page 3
July 26,2016
Some discussion was given to the power pole placement. Mr.Jensen stated that he is
comfortable working with city staff on the issue with the power poles. He felt it would be
possible to soften the grade to minimize the visual impacts.
Motion by Commissioner Konietzko and second by Commissioner Thiel to
recommend approval of the request by Paxmar (RP3 LLP) for Preliminary Plat
Approval for River Park Fourth Addition, Case No. P 16-11,with the following
conditions:
1. Street lights shall be installed as required by Elk River Utilities.
2. All mailboxes shall be clustered.
3. Address all comments in the comment letter date July 12,2016
4. Staff approval of updated plat,site,grading, drainage, and utility plans.
5. Setback requirements for the front yard will be reduced to 25 feet, and applies to
both front yards of a corner lot.
6. Setback requirements for the side yard will be adjusted to require a minimum of
15 feet between buildings.
7. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately.
Further, the city reserves the right to stop work authorized in its approval until
the site is appropriately investigated and work is authorized.
Motion carried 6-0.
It was the consensus of the Planning Commission to support releasing building permits for
homes south of the utility easement when the 190th Avenue connection is under
construction.
Mr.Jensen asked for clarification on this recommendation. It was the consensus of the
Commission that construction of 190th Avenue be commenced (started), and a letter of
credit for completion of the improvements is provided.
4.2 Elk River Senior Properties/Hearth Development (Nottingham
Construction) — Lot I, Block I, Mulvany Point
• Zone Change from BP (Business Park) to PUD (Planned Unit Development), Case
No. ZC 16-05
• Conditional Use Permit to establish a PUD for senior housing facility, Case No. CU
16-2 I
The staff reports were presented by BrieAnna Simon. Staff recommended approval with the
conditions listed in the staff reports dated July 26, 2016.
Chair Johnson opened the public hearing.
Greg Johnson, representing the applicant—stated he is confident that they can work
with staff to resolve any outstanding issues. He noted one question is the pond (wet vs. dry).
Planning Commission Minutes Page 4
July 26,2016
Chair Johnson asked if he feels the parking issue can be worked out. Mr.Johnson stated yes,
although he did not feel they would need the amount of parking being recommended.
There being no further public comment, Chair Johnson closed the public hearing.
Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to
recommend approval of the request by Elk River Senior Properties/Hearth
Development/Nottingham Construction for a Zone Change from BP to PUD,with
the following condition:
1. Conditional Use Permit CU 16-21 shall be approved and all conditions met prior
to recording.
Motion carried 6-0.
Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to
recommend approval of the request by Elk River Senior Properties/Hearth
Development/Nottingham Construction for a Conditional Use Permit to establish a
PUD for a senior housing project, Case No. CU 16-21,with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable conditions
have been completed.
2. The Conditional Use Permit is not a building permit and the applicant must
apply for and receive approval of required building and sign permits before
construction may begin.
3. Facilities shall meet all building and fire codes.
4. All comments in the Planning Manager's comment letter dated April 18,2016, and
the Planner's comment letter dated July 19,2016, shall be addressed.
5. A Planned Unit Development agreement shall be developed and signed by all
parties prior to issuance of a building permit.
6. The applicant will work with staff on developing a landscape plan and foundation
planting that provides for 48 trees required by ordinance.
7. The applicant will work with staff to determine the appropriate number of
parking spaces required to accommodate the proposed use.
8. All refuse collection containers shall be stored within a closed enclosure facility,
large enough to accommodate the collection of all materials.All refuse containers
and materials shall be out of sight from neighboring properties and street.
Motion carried 6-0.
4.3 Sherburne County— 13880 Business Center Drive NW
• Preliminary Plat— Elk Path Business Center Fifth Addition, Case No. P 16-13
• Conditional Use Permit (CUP) for government building, Case No. CU 16-20
The staff reports were presented by Zack Carlton. He asked that condition#6 in the staff
report dated July 26,2016, for the CUP be removed and recommended approval with the
remaining 8 conditions.
Planning Commission Minutes Page 5
July 26,2016
Chair.Johnson opened the public hearing.
Eric West of BWBR, representing the applicant—stated he was present to answer
questions.
Steve Taylor, Sherburne County Administrator— stated that he would like to revisit the
landscaping plan with staff in order to address security and maintenance issues.
There being no further comments, Chair.Johnson closed the public hearing.
Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein to
recommend approval of the request by Sherburne County for Preliminary Plat
approval of Elk Path Business Center Fifth Addition,with the following condition:
1. Updated preliminary and final plats shall be provided showing right-of-way
for Business Center Drive and U.S. Highway 10.
Motion carried 6-0.
Motion by Commissioner Konietzko and seconded by Commissioner Thiel to
recommend approval of the request by Sherburne County for a Conditional Use
Permit for expansion and renovation of the Sherburne County government center,
13880 Business Center Drive NW,with the following conditions:
1. The authorized Conditional Use Permit shall not be recorded until all conditions
have been completed.
2. The authorized use shall not begin until the Conditional Use Permit is recorded.
3. The applicant must apply for and receive approval for all required permits before
any construction may begin.
4. Elk Path Business Center 5th Addition shall be platted prior to releasing the CUP
for recording.
5. All utility equipment shall meet the standards set forth in Section 30-1294 (e)(3).
6. All comments in the Environmental Memo dated July 1,2016 shall be addressed.
7. All comments in the Engineering Memo dated July 6,2016 shall be addressed.
8. All comments in the Stormwater Coordinator Memo dated July 7,2016 shall be
addressed.
Motion carried 6-0.
5.1 Temporary Healthcare Dwellings
Zack Carlton reviewed the staff report.
Planning Commission Minutes Page 6
July 26,2016
Motion by Commissioner Konietzko and seconded by Commissioner Larson-Vito to
recommend the City Council adopt an ordinance opting out of the temporary
healthcare dwelling law. Motion carried 6-0.
Mr. Carlton noted that a public hearing will be held by the City Council on this matter at
their August 15, 2016,meeting.
6.1 City Council Liaison Update
Councilmember Burandt reviewed the July 18, 2016, City Council actions taken on the
planning items from the June 28,2016,Planning Commission meeting.
7.1 Worksession - Focus Area Study Rezoning (8:45 p.m.)
The staff report was presented by Chris LeesebergZack Carlton. He provided an update of
the work that has been completed to date on this item. Mr. Leeseberg Carlton explained that
the July 18, 2016,City Council public hearing was continued to August 15,2016,in order to
allow adequate public comment time. Staff will then make changes, as directed by the
Council, for adoption during the August 15 meeting.
8. Adjournment
There being no further business,the meeting of the Elk River Planning Commission
adjourned at 9:05 p.m.
Minutes prepared by Debbie Huebner.
Tina Allard
City Clerk
Eric Johnson
Chair,Planning Commission